Or. Admin. Code § 660-034-0020 - Coordination Procedures for Development of State Park Master Plans

(1) For each state park master plan developed after July 15, 1998, OPRD shall submit a preliminary draft master plan to DLCD and all local governments with land use authority over the subject state park property. This submittal shall occur prior to or simultaneously with OPRD's initiation of the administrative rule procedure for master plan adoption. At the time of the submittal, OPRD shall consult with local planning officials to determine whether the proposed uses in the park master plan are allowed by the acknowledged local comprehensive plan, as follows:

(a) If the local government determines that all of the proposed uses are allowed by the acknowledged local plan, OPRD may proceed with consideration and adoption of the master plan. In this case, the procedures in OAR 660-034-0020(2) to 660-034-0030(6) do not apply. However, if the proposed uses are allowable, but only by application of local conditional approval criteria that are not clear or objective, OPRD may seek to amend such criteria by proceeding as described in subsection (b) of this section. Upon request from OPRD, the local government shall provide written confirmation that the proposed master plan is compatible with the local plan.

(b) If the local government determines that any of the proposed uses described in the master plan are not allowed by the acknowledged local plan or implementing regulations, OPRD shall submit the preliminary master plan to the local government as an application for a post-acknowledgment plan amendment (PAPA).

(2) Upon receipt of a PAPA application from OPRD, a local government shall follow applicable PAPA procedures and requirements, except as described in subsections (a) through (c) of this section:

(a) The local government shall notify interested citizens and conduct at least one public hearing on the preliminary master plan within 90 days following submittal of a complete PAPA application. This may be conducted as a joint hearing of the local government and OPRD;

(b) Within 120 days following submittal of OPRD's complete application, the local government shall forward to OPRD any recommendations for changes to the master plan. The recommendations shall be in writing and shall include any suggested conditions or changes to the master plan;

(c) The local government shall not take final action on the PAPA application until OPRD has adopted the park master plan as an administrative rule and submitted it to the local government in accordance with OAR 660-034-0030.

(3) Within 60 days of receiving written recommendations from a local government pursuant to OAR 660-034-0020(2)(b), OPRD shall provide a written response to the local government addressing each recommendation. The response shall describe any changes to the draft park master plan that OPRD would propose in response to the local recommendations.

(4) OPRD's response shall also provide a second comment period not less than 30 days during which the local government may:

(a) Review any changes to the park master plan proposed by OPRD in response to the local government's previous recommendations; and

(b) Based on this review, either concur with or object to OPRD's pending adoption of the proposed master plan.

(5) If no objections are raised by the local government during the 30 day comment period, OPRD may proceed with consideration and adoption of the state park master plan. If OPRD receives a timely objection from the local government, and if the objection meets the requirements of OAR 660-034-0020(6), OPRD shall delay final consideration and adoption of the master plan in order to engage in formal or informal dispute resolution with the local government pursuant to OAR 660-034-0025. This delay of adoption shall continue for at least 60 days following the receipt of the objection, or until the issues in the objection are resolved and the objection is withdrawn, whichever occurs first. At the end of the 60 day delay period OPRD may proceed with consideration and adoption of the state park master plan.

(6) OPRD may choose to engage in dispute resolution for all issues raised by an objection. However, the mandatory 60 day delay specified in OAR 660-034-0020(5) shall only apply to an objection that meets the following requirements:

(a) The objection shall be described in a letter from the local governing body to the OPRD director received within the 30 day time period specified in OAR 660-034-0020(4); and

(b) The objection letter shall indicate the reasons why the local government believes the proposed master plan is inconsistent with the statewide planning goals, ORS 215.296, or OPRD's state park master planning criteria in OAR 736-018-0020.

Notes

Or. Admin. Code § 660-034-0020

LCDD 3-1998, f. & cert. ef. 7-15-98; LCDD 3-2006, f. & cert. ef. 4-14-06

Stat. Auth.: ORS 195.120 & 197.040

Stats. Implemented: ORS 195.120 - 195.125